Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 79914 (KAR)

SRI PANEESH CHANDRA JAVALI v. TUMKUR VEERASHAIVA CO OPERATIVE BANK

WP/24605/2025 · 2025-08-14

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31552 WP No. 24605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24605 OF 2025 (GM-RES) BETWEEN: SRI PANEESH CHANDRA JAVALI S/O LATE J S UMASHANKAR AGED 32 YEARS RESIDING AT GOWARISHIKHARA 4TH WARD, SOMESHWARA EXTENSION DODDABALLAPURA BANGALORE RURAL DISTRICT. …PETITIONER (BY SMT. SANDHYA U. PRABHU.,ADVOCATE) AND: TUMKUR VEERASHAIVA CO OPERATIVE BANK REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, REPRESENTED BY ITS AUTHORIZED OFFICER, MANAGER HEAD OFFICE, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31552 WP No. 24605 of 2025 DR. S. RADHAKRISHNA ROAD S.S.PURAM BRANCH TUMKUR - 572102. …RESPONDENT (BY SRI.K.V. LOKESH.,ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANK TO REGULARIZE BANK TO REGULARIZE THE LOAN ACCOUNT BEARING NO.00018130002620 PRODUCED AT ANNX-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31552 WP No. 24605 of 2025 ORAL ORDER The short question for consideration in the present petition is: whether there should be any precipitation with the petitioner's possession on the ground that there is non-compliance with the terms imposed by the Debts Recovery Appellate Tribunal in the pending appeal in RA(S.A.) 77/2025. The DRAT's order reads as under: "In this back ground of the case, the Tribunal gives one month time from today i.e. on or before 14/08/2025 to the petitioner for making the payment of balance amount and settle the dues. Till then, the status quo, granted on 23/04/2025, is extended. It is made clear that no more extension of status quo will be considered if the amount is not settled by then." Smt. Sandhya U Prabhu, the learned counsel for the petitioner, submits that after the Tribunal's afore order, the petitioner has deposited Rs.55,00,000/- on 11.08.2025 and the petitioner has - 4 - HC-KAR NC: 2025:KHC:31552 WP No. 24605 of 2025 also filed a memo with the DRAT stating that the pre- deposit of Rs.68,80,215/- must be permitted to be paid to the respondent. The learned counsel emphasizes that with the receipt of the entire amount of Rs.1,24,20,000/- there would be no default. Sri Lokesh, meeting these assertions, but without denying that Rs.55,00,000/- is deposited on 11.08.2025, submits that the petitioner has approached the DRAT in the pending appeal and has obtained an order dated 15.07.2025 suppressing the undertaking given to this Court in W.P.No.27324/2024 and this Court's order permitting the petitioner to pay the amount before 30.05.2025. The question of suppression will have to be examined by the DRAT on the next date of hearing i.e., 20.08.2025 and it must also examine whether the pre-deposit amount of Rs.55,00,000/- deposited - 5 - HC-KAR NC: 2025:KHC:31552 WP No. 24605 of 2025 on 11.08.2025 would be in due compliance of its orders and insofar as the intervention, this Court is of the view that the respondent must hold its hand until the next date of hearing before the DRAT. It is ordered accordingly. The petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE NV